If, in any district established under this chapter, a use is not specifically permitted and an application is made by a property owner to the zoning administrator for such use, the zoning administrator shall refer the application to the planning commission, which shall make its recommendations to the board of supervisors within 30 days. If the recommendation of the planning commission is approved by the board of supervisors, this chapter shall be amended to list the use as a permitted use in that district, henceforth.

(Code 1991, § 16-370; Ord. of 11-18-1988)

Whenever there shall be plans in existence, approved by either the state department of transportation or by the board of supervisors for the widening of any street or highway, the commission may recommend additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening.

(Code 1991, § 16-371; Ord. of 11-18-1988)

(a)

In any district, all structures erected or enlarged and all uses established or expanded, shall provide off-street parking and loading in accordance with the requirements established herein.

(b)

Required off-street parking spaces for dwellings shall be a minimum of nine feet by 20 feet in dimensions with a driveway to afford safe and convenient access. Parking spaces shall be on the same lot with the main building. In the case of buildings and uses other than dwellings, spaces may be located up to 600 feet from said building or use, subject to approval of the zoning administrator.

(c)

Any parcel of land used as a public parking area shall be constructed of concrete, asphalt, or other equivalent permanent dustless surface, except that, in agricultural districts, churches, hunt clubs, lodges, Rotarians and such other civic organizations shall be exempt. The zoning administrator may approve the use of cobblestone, Belgian block, brick, grid pavers, interlocking pavers or similar surface material upon specific request at the time of site plan submission. The zoning administrator may also approve unpaved or gravel parking areas, provided that a specific request is submitted in writing at the time of the plan submission.

(d)

Outdoor lighting shall be provided at appropriate locations in order to adequately illuminate parking areas and pedestrian and vehicular circulation routes to establishments which will be patronized during non-daylight hours. Any lighting equipment should be designed and arranged so as to direct light and glare away from abutting properties and adjacent rights-of-way. Lighting fixtures and intensity levels shall be compatible with both natural and architectural characteristics of the development.

(e)

Such parking spaces shall not be drained onto or across public sidewalks, nor shall they be drained onto adjacent property except when directed into a natural watercourse or a recognized drainage easement.

(f)

Parking lots shall be designed and constructed so that spaces are grouped into bays separated by landscape traffic islands. Such islands and bays shall be designed to provide a clear delineation of circulation patterns, guide vehicular traffic, break large expanses of pavement into sub-areas to improve both the appearance and climate of the parking lot, minimize glare and noise, and delineate safe pedestrian walkways.

(g)

Where the nature and characteristics of the proposed use dictate, such parking areas shall be designed to include appropriate stopping, parking and circulation areas for alternate modes of transportation such as bicycles, mopeds, motorcycles and buses.

(h)

Sidewalks shall be provided where necessary to facilitate safe and convenient pedestrian movements within and between such parking areas and the establishments which they serve. Sidewalks shall be designed in accordance with all applicable barrier-free access standards as specified by the Virginia Uniform Statewide Building Code.

(i)

Speed bumps, if installed, shall be designed to county criteria, and appropriate signage shall be provided within such parking areas to ensure safe and efficient vehicular circulation.

(j)

The minimum width of parking spaces shall be nine feet. The zoning administrator may require submissions of a comprehensive parking plan.

(k)

Parking spaces for the physically handicapped shall be provided and labeled on the plan in accordance with the standards established for the physically handicapped and aged, by the Virginia Uniform Statewide Building Code. Such spaces shall be arranged and dispensed throughout the lot so as to provide convenient access to all major entrances to the proposed establishment.

(l)

There shall be provided, at the time of erection of any building or at the time any main building is enlarged, minimum off-street parking space, with adequate provision for entrance and exit by standard sized automobiles, as follows:

(1)

In all residential districts, there shall be provided, either in a private garage or on the lot, space for the parking of one automobile for each dwelling unit in a new building, or each dwelling unit added in the case of the enlargement of an existing building.

(2)

Tourist homes and motels shall provide, on the lot, parking space for one automobile for each accommodation, plus on additional space per employee but in no case less than two additional spaces.

(3)

For church, high school, college and university auditoriums, and for theaters, general auditoriums, stadiums and other similar places of assembly, at least one parking space shall be provided for every five fixed seats provided in such building.

(4)

For hospitals, at least one parking space shall be provided for each two patient/occupant beds plus one additional space per employee/staff member on the largest anticipated working shift.

(5)

For medical and dental clinics, at least ten parking spaces shall be provided. Three additional parking spaces shall be furnished for each doctor or dentist having offices in such clinic in excess of three doctors or dentists.

(6)

For tourist courts, apartments and apartment motels, at least one parking space shall be provided for each individual sleeping or living unit. For hotels and apartment motels at least one parking space shall be provided for each two sleeping rooms, up to and including the first 20 sleeping rooms, and one parking space for each three sleeping rooms over 20.

(7)

For mortuaries and liquor stores, at least 30 parking spaces shall be provided.

(8)

For restaurants, including fast-food restaurants, one parking space shall be provided for each 100 square feet of floor space in the building.

(9)

Any commercial building or public facility not listed above hereinafter erected, converted or structurally altered shall provide one parking space for each 200 square feet of business floor space in the building.

(10)

Minimum required parking spaces for industrial, manufacturing and related uses shall be as follows:

a.

Warehousing, distributing. One space for each 1,000 square feet of floor area plus one space for each 300 square feet of office, sales or similar space, plus one space for each vehicle maintained on the premises.

b.

Mini-storage warehouse. One space for each ten cubicles, plus two spaces for the manager's quarters/office, plus one additional space for each 25 cubicles for the prospective clients.

c.

Other permitted industrial uses. One space for each 500 square feet of floor area or for each three employees on the anticipated largest working shift, whichever is greater, plus one space for each vehicle maintained on the premises.

(m)

Other provision of this article notwithstanding, the zoning administrator may waive the requirement that the entire number of parking spaces required by the chapter to be constructed at the time of development, subject to the following:

(1)

Such waiver may be considered only for structures with a gross floor area in excess of 6,000 square feet in the case of public and commercial buildings in excess of 10,000 square feet in the case of industrial buildings. Waiver of construction may be considered only for those spaces required as a result of floor areas in excess of 6,000 or 10,000 square feet, respectively.

(2)

The decision to grant such waiver from construction shall be based upon evidence supplied by the applicants, observations of similar uses in the region, or standard reference works by qualified officials or competent professional/research associations, which substantiates the projected parking demand of the proposed use and indicates that the site can be adequately served initially by fewer than the full number of required spaces. In no case shall a waiver be considered which would reduce the parking and circulation areas below that required by this article.

(3)

Such waiver shall not relieve the applicant of responsibility for reserving an adequate area on the site to accommodate the entire number of parking spaces otherwise required by this article.

(4)

The location, design and other pertinent details of all required parking spaces shall be depicted on the site plan in accordance with all applicable design requirements. At the time of site plan approval, the zoning administrator, in exercising the above described waiver provisions shall clearly indicate on the face of the site plan those spaces which need not be constructed at the time of initial development.

(5)

The area which such spaces would otherwise occupy shall be reserved for their future construction should the parking demand characteristics of the original or any subsequent or additional use or uses increase to the extent that the number of spaces actually constructed is no longer adequate. In no case shall any improvements, structural enlargements or additions be made on the site which would encroach on the area so reserved.

(6)

Monitoring and determination of the adequacy of the existing parking spaces shall be the responsibility of the zoning administrator who shall make periodic inspections of the site. Upon determining that parking demand is in excess of the available supply of spaces, the zoning administrator shall order, in writing, the construction of such additional spaces as are necessary to accommodate the demand. In no case shall the applicant be required to provide more spaces than the total number required before waiver.

(7)

Failure to comply with the zoning administrator's order to construct additional adequate parking areas within 90 days weather permitting, shall be deemed a violation of the ordinance and shall be punishable as prescribed herein.

(8)

The following statement, to be signed and acknowledged by both the zoning administrator and the applicant, shall be affixed to the approved site plan and shall also be recorded, at the cost of the property owner, in the clerk's office of the circuit court of the county:

___________ CERTIFIES THAT ___________ is/are RECORD OWNER(S) OF THE HEREAFTER DESCRIBED PROPERTY.

Pursuant to the terms of the Sussex County Zoning Ordinance, off-street parking space requirements for the proposed use of land identified as parcel(s) _____ on the records of the Commissioner of the Revenue of Sussex County and being the same land acquired by (owner's name), as evidenced by a (deed, will, other) duly recorded in the clerk's office of the circuit court of Sussex County in _____ Book, Page _____, are hereby waived to the extent that _____ of the _____ total required parking spaces need not be constructed prior to issuance of a certificate of occupancy.

The area which such spaces would otherwise occupy as shown on the approved site plan, dated ________, shall be reserved for their future construction should the parking demand characteristics of this or any other use, a determined by the zoning administrator, increase to the extent that the available spaces are no longer adequate. Monitoring and determination of the adequacy of the existing parking spaces shall be the responsibility of the zoning administrator. Upon determining that parking demand is in excess of the available supply of spaces, the zoning administrator shall order, in writing, the construction of such additional spaces, up the minimum required by the zoning ordinance in effect on the date of this agreement, as are necessary to accommodate the demand. Failure to comply with the zoning administrator's order to construct such area within 90 days, weather permitting, shall be deemed a violation of the zoning ordinance and shall be punishable in accordance with the penalties prescribed therein.

The responsibility to comply with these requirements shall run with title to the land and shall not be affected by transfer of lease or ownership as long as the waiver herein described is applicable to the described land or any part thereof. A recorded statement executed by the zoning administrator, indicating that such waiver is no longer applicable, shall be conclusive as to its content insofar as record title to the property may be affected.

___________
Zoning Administrator

___________
Property Owner

(n)

All off-street loading areas, including aisles and driveways shall be constructed and maintained with a permanent, dustless surface material. Off-street loading areas may be incorporated into the overall design and layout of parking and circulation systems, provided that no individual parking spaces will be encroached upon. Vehicles utilizing such loading spaces will not interfere with vehicular circulation on the site or on adjacent public rights-of-way.

(1)

Each off-street loading space shall be not less than 12 feet by 50 feet in dimensions with a vertical clearance of not less than 15 feet, including necessary maneuvering space off the street.

(2)

All lighting fixtures used to illuminate off-street loading areas shall be designed and arranged so as to direct light and glare away from abutting properties and adjacent rights-of-way.

(3)

No space designated as off-street parking space shall be utilized as an off-street loading space.

(o)

Adequate fire lanes shall be required as deemed necessary by the fire marshal for the access and egress of emergency vehicles. Fire lanes shall be a minimum of 18 feet in width and shall be marked for case of visibility as required by the fire marshal. Numbers and placement of fire lanes shall be in accordance with nationally recognized standards.

(Code 1991, § 16-372; Ord. of 11-18-1988)

Except in the case of planned residential developments, every principal, detached residential building structure, including a permanent manufactured or mobile home, hereafter erected, installed or structurally altered shall be located when permitted in a residential or agricultural zoning district, and in no case shall there be more than one such building per lot, unless otherwise permitted in this chapter.

(Code 1991, § 16-373; Ord. of 11-18-1988)

The A-1 General Agricultural District covers portions of the county now devoted predominately to farms and forests in which public utilities are not generally available or anticipated in the near future. This district is established to protect land and property values, groundwater and surface water quality and other natural resources. It is also the intent of this district to provide for the continued security of the county's agricultural sector by encouraging the orderly and responsible growth of its livestock, dairy and poultry industry. Limited residential and nonresidential development is anticipated in these areas.

(Code 1991, § 16-21; Ord. of 11-18-1988; Ord. of 11-15-2007(2); Ord. of 8-18-2022, § 16-21)

In the A-1 district, any structure to be erected or land to be used shall be for one or more of the following uses:

(1)

Reservoir, preserve and watershed conservation areas.

(2)

Wildlife refuges, game preserves, sanctuaries and forest preserves.

(3)

General farming. Livestock, dairy and poultry operations.

(4)

Agriculture.

(5)

Single-family dwellings, including modular units.

(6)

Forestry operation, silvicultural and/or timbering.

(7)

Public parks, play fields, playgrounds, schools and outdoor recreational facilities owned and operated by the county.

(8)

Country general store.

(9)

Lodges, cabins, groups of cabins, camps, and travel trailers for seasonal occupancy, with a conditional use permit.

(10)

Hunting clubs, fishing clubs, yacht clubs and small boat docks (with repair) with a conditional use permit.

(11)

Intensive livestock, dairy, and poultry operations in accordance with section 34-225 and the other provisions of this division.

(12)

Home occupations conducted by the occupant.

(13)

Cemeteries and airports, with a conditional use permit.

(14)

Accessory uses/structures provided there is an existing primary use/structure already existing on the subject property. Garages, or other accessory structures, such as carports, porches and stoops, attached to the main building shall be considered part of the main building.

(15)

Public utility generating, booster or relay stations, transformer substations, transmission lines and towers, television and radio towers and structures not necessary to house electronic apparatus, pipes, meters and other facilities for the provision and maintenance of public utilities, including railroads and facilities, and water and sewage installations.

(16)

Public telecommunication facilities approved by the state public telecommunication board with the exception of television, radio towers and other structures not necessary to house electronic apparatus public utilities and facilities regulated by the state corporation commission.

(17)

Private, utility generation, booster or relay stations, transformer substations, transmission lines and towers, television and radio towers and structures not necessary to house electronic apparatus, pipes, meters and other facilities for the provision and maintenance of public utilities, including railroads and facilities, and water and sewage installations, with a conditional use permit.

(18)

Manufactured/mobile homes, single- and double-wide, designed for single-family residential use, on individual lots with permanent foundations approved by the building official. The open space beneath each manufactured/mobile home shall be skirted with an approved weather-resistant material within 90 days after occupancy of the unit.

(19)

Mass gathering, with a conditional use permit.

(20)

Tire storage, with a conditional use permit.

(21)

Sporting clays field and pistol range, with a conditional use permit.

(22)

Processing plant for agricultural and forestry products, with a conditional use permit.

(23)

Processing plant for fertilizer and chemicals for agricultural uses, with a conditional use permit.

(24)

Sawmills, with a conditional use permit.

(25)

Planning mills, with a conditional use permit.

(26)

Federal, state, and local government office buildings and their associated facilities.

(27)

Extraction of natural resources and storage of salt, sand and minerals, with a conditional use permit.

(28)

Sanitary landfill, with a conditional use permit.

(29)

Livestock market, with a conditional use permit.

(30)

Farm supplies, agricultural equipment sales and services, with a conditional use permit.

(31)

Commercial horse and pony farms, riding stables, horse show area and horse racing tracks, with a conditional use permit.

(32)

Towing/wrecker service with storage of inoperable and/or damaged vehicles allowed within fully enclosed structures such as warehouses, garages or similar buildings, with a conditional use permit.

(33)

Garage apartment accessory to a single-family dwelling on the same lot, with a conditional use permit and subject to the following:

a.

The garage apartment shall not contain more than two rooms plus a kitchenette and bathroom.

b.

The owner must reside in the single-family dwelling.

c.

The garage apartment shall not be offered to the general public for rent and the use of the garage apartment shall be limited to either members of the principal owner's family or to domestic servants/caretakers employed by the owner.

d.

A detached garage apartment shall contain 50 percent storage space.

e.

A detached garage apartment shall be located behind the single-family dwelling and shall meet the same minimum setbacks prescribed by the zoning district for a single-family dwelling.

f.

A detached garage apartment shall not be taller than the single-family structure to which it is accessory.

g.

No dwelling units other than the principal single-family dwelling and one such garage apartment shall be located on a lot, tract or parcel of land.

(34)

Trucking operation, with a conditional use permit.

(35)

Organics recycling facility, with a conditional use permit.

(36)

Two-family dwelling, with a conditional use permit.

(37)

Private kennels, accessory to a single-family residence, not for compensation to the owner/resident.

(38)

Commercial kennels, with a conditional use permit.

(39)

Wayside stand, roadside stand, farmers market.

(40)

Commercial child/adult care centers, with a conditional use permit.

(41)

Commercial greenhouses, with a conditional use permit.

(42)

Volunteer fire or rescue squad.

(43)

Retreat centers, with a conditional use permit.

(44)

Churches and their associated facilities.

(45)

Public schools.

(46)

Private schools and training facilities, with a conditional use permit.

(47)

Corporate training facility with overnight accommodations, with a conditional use permit.

(48)

Golf driving range, miniature golf course, with a conditional use permit.

(49)

Mobile home or travel trailer as a temporary use during the period of construction of a commercial, industrial or public structure of development, public facility or public utility. Travel trailers under no circumstances are to be permitted as permanent livable dwelling units.

(50)

Animal hospital, animal boarding place, veterinary service, with a conditional use permit.

(51)

Assembly hall, with a conditional use permit.

(52)

Day camps and summer camps, outdoors, with a conditional use permit.

(53)

Community center, with a conditional use permit.

(54)

Bed and breakfast, with a conditional use permit.

(55)

Mud bog, with a conditional use permit.

(56)

Group homes for up to eight mentally ill or disabled persons with staff are to be considered as occupancy by a single family. (Current illegal use of or addiction to a controlled substance is excluded from the definition of mental illness.)

(57)

Materials recycling/sorting facility, with a conditional use permit.

(58)

Asphalt plant facility, with a conditional use permit.

(59)

Licensed farm distilleries, breweries and wineries per Code of Virginia, § 15.2-2288.3.

(Code 1991, § 16-22; Ord. of 11-18-1988, § 2-1; Ord. of 7-19-1990(2); Ord. of 2-21-1991; Res. of 4-4-1991; Ord. of 1-16-1995; Ord. of 3-6-1995; Ord. of 3-16-1995; Ord. of 4-16-1995; Ord. of 6-18-1998; Ord. No. 99-07; Ord. of 4-15-1999; Ord. No. 2000-01; Ord. No. 2002-01; Ord. No. 2005-02, 5-9-2005; Ord. No. 2005-04; Ord. No. 2009-03, 8-20-2009; Ord. of 8-18-2022, § 16-22)

In the A-1 General Agricultural District buildings may be erected up to 35 feet or two stories, whichever is less in height, except that:

(1)

A public or semi-public building such as a school or church may be erected to a height of 60 feet from the grade, provided that required front, side and rear yards shall be increased by one foot for each foot in height over 35 feet.

(2)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennae and radio aerials are exempt.

(3)

No accessory building which is within 20 feet of any property line shall be more than one story high. All accessory buildings shall be less than the main building in height, provided that an accessory structure may be erected up to a height of 35 feet when located at least 150 feet from the main building and at least 100 feet from any property line.

(4)

A conditional use granted by the board of supervisors for an industrial use in the A-1 zone may achieve a height increase equivalent to that which is allowed in the I-1 or I-2 zoning districts, pending approval by the zoning administrator. The board of supervisors, following a recommendation by the planning commission, may also consider and grant increases to height for industrial uses during the conditional use permit public hearing process.

(Code 1991, § 16-23; Ord. of 11-18-1988; Ord. of 8-18-2022, § 16-23)

(a)

The minimum lot area for permitted uses in an A-1 district shall be two acres (87,120 square feet). For permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the health official. The minimum lot area for permitted uses shall not include areas identified as jurisdictional wetlands or areas within a 100-year floodplain.

(b)

The minimum number of acres on which any new general livestock, dairy or poultry facility may be established shall be the larger of either the number of acres required by the nutrient management plan or a minimum of 50 acres.

(c)

The minimum number of acres on which any new intensive livestock, diary or poultry facility may be established shall be the larger of either the number of acres required by the nutrient management plan or a minimum of 50 acres for the first 300 animal units, plus ten acres for each additional 300 animal units or a portion thereof.

(d)

Existing livestock, dairy and poultry operations in use as of the effective date of the ordinance from which this division is derived which do not have sufficient acres, as required in this section, shall be considered nonconforming existing uses and may continue as long as the operation is not abandoned for two years continuously and there is no increase in the size or number of livestock, dairy and poultry kept on the parcel at one time and there is no dimension in the size of the parcel of land containing the intensive livestock, dairy and poultry facility.

(e)

For sanitary landfill operations the minimum area requirement is 200 acres.

(Code 1991, § 16-4; Ord. of 11-18-1988; Ord. of 3-15-1995; Ord. of 10-16-1998; Ord. of 8-18-2022, § 16-24)

(a)

Any new general livestock, dairy and poultry operations in the A-1 district shall be located 1,000 feet from any primary street, secondary street, road or highway right-of way. Any new intensive livestock, dairy and poultry operations in the A-1 district shall be located at least 1,500 feet from any primary street, secondary street, road or highway right-of-way.

(b)

Existing livestock, dairy and poultry operations in use as of the effective date of the ordinance from which this division is derived which do not meet the required setback from a street right-of-way, as required in subsection (a) of this section, shall be considered legal nonconforming uses and may continue so long as the operation is not abandoned for two years continuously. No expansions of any such nonconforming livestock, dairy and poultry operations may come close to the street right-of-way.

(c)

In the A-1 district, all structures shall be located 100 feet or more from any street right-of-way. This shall be known as the setback line. However, public utility distribution facilities and signs advertising the sale or rental of property may be erected up to the property line.

(d)

Accessory uses/structures. No accessory use/structure may be closer to the street right-of-way than the principal use/structure and must be located at least five feet from any side or rear property line.

(Code 1991, § 16-27; Ord. of 11-18-1988; Ord. of 10-16-1998; Ord. of 11-15-2007(2); Ord. of 8-18-2022, § 16-26)

The minimum frontage for permitted uses located on a public road in an A-1 district shall be 300 feet at the setback line.

(Code 1991, § 16-27; Ord. of 8-18-2022, § 16-27)

(a)

Side. The minimum side yard for each main structure in an A-1 district shall be 25 feet, and the total width of the two required side years shall be 50 feet or more.

(b)

Rear. Each main structure shall have a rear yard of 50 feet or more.

(c)

Any new general livestock, dairy and poultry operations shall be at least 500 feet from any property line; 1,000 feet from any residence; and 2,000 feet from any school, business, public facility, church, incorporated town, residential subdivision or public well.

(d)

Any new intensive livestock, dairy and poultry operations shall be at least 1,000 feet from any property line; 2,000 feet from any residence; and 3,960 feet from any school, business, public facility, church, incorporated town, residential subdivision or public well.

(e)

Any sanitary landfill operation shall be located at least one mile from any residence, school or business, public facility and church; and at least 750 feet from any property lines.

(f)

The land application of effluent from any new general and intensive livestock, dairy and poultry operations shall be at least 300 feet from any permanent or intermittent stream measuring from the edge of the channel; 100 feet from property lines not adjacent to streams; and 500 feet from any residence not located on the same property unless the adjacent property owner agrees to a lesser setback. In addition, the county may require soil sampling as deemed necessary, for any new intensive livestock, dairy and poultry operations, to ascertain the level of nitrates, potassium, phosphates and any other nutrients in the soil prior to land application of effluent. The signing of an agreement to have effluent land applied will constitute permission to allow random soil sampling testing by the county or its agents.

(g)

Existing livestock, dairy and poultry operations in use as of the effective date of the ordinance from which this division is derived, which do not meet the required yard regulations, as required in this section, shall be considered legal nonconforming uses and may continue so long as the operation is not abandoned for two years continuously. Replacement, reconfiguration or modifications, including the addition of buildings or accessory structures, of any existing nonconforming livestock, dairy and poultry facilities in operation as of the effective date of the ordinance from which this division is derived may be permitted, provided that:

(1)

There is no increase in the number of animal units kept at the operation.

(2)

A nutrient management plan is obtained as provided for this division.

(3)

Replacement facilities, the reconfiguration of existing facilities, and modifications, including the addition of buildings or other accessory structures, shall meet the setback requirements in existence prior to the amendments of October 15, 1998.

(Code 1991, § 16-28; Ord. of 11-18-1988; Ord. of 12-17-1998; Ord. of 10-15-1998; Ord. of 11-15-2007(2); Ord. of 12-20-2007; Ord. of 8-18-2022, § 16-28)

(a)

Of the two sides of a comer lot in an A-1 district, the front shall be deemed to be the shortest of the two sides fronting on streets.

(b)

The minimum side yard on the side facing the side street shall be 35 feet for both main and accessory buildings.

(Code 1991, § 16-39; Ord. of 11-18-1988, § 2-8; Ord. of 8-18-2022, § 16-29)

Off-street parking in an A-1 district shall be as required by section 34-195.

(Code 1991, § 16-30; Ord. of 11-18-1988; Ord. of 11-15-2007(2); Ord. of 8-18-2022, § 16-30)

(a)

Each application for livestock, dairy or poultry operation shall be accompanied by a plat or similar documentation acceptable to the zoning administrator for the entire parcel with location of the proposed operation. With this plat or similar documentation the operator shall submit a written statement sworn to and subscribed before a notary public by which the operator certifies to the zoning administrator that the operation shown on the plat or similar documentation meets all applicable setback requirements of this division and the plat or similar documentation is a complete and accurate depiction of the facility on the parcel.

(b)

Livestock, dairy or poultry operations development plans.

(1)

In the A-1 district, a livestock raiser, dairy operator or poultry grower or a potential raiser, owner, or grower may file with the zoning administrator a development plan which indicates the number, size and location of livestock, dairy or poultry facilities planned for the subject parcel. When such development plan has been approved and filed with the zoning administrator and during the period in which it remains in effect, the planned facilities shall be obliged to meet setbacks only from those dwellings and uses existing at the time the development plan is approved.

(2)

The development land shall be based on the requirements of this division and shall be accompanied by a plat or similar documentation verifying the accuracy of the distances shown in the development plan and continuing all of the data required hereinabove.

(3)

The development plan shall remain in force only so long as the facilities proposed are constructed in accordance with the development plan and are placed in service in a timely manner.

(4)

At least one-third of the number of head of livestock or dairy animals subject to this division, or one poultry facility indicated in the development plan must be placed into service within 12 months of the date on which the development plan is approved by the zoning administrator, unless at least one-third of the number of livestock, dairy or one such poultry facility is already in service on the subject parcel at the time of development plan may only be obtained if no more than five years have passed since the date on which the development plan was approved by the zoning administrator.

(5)

The operator shall notify the zoning administrator in writing within 30 days of placement into service of any facilities indicated in his development plan.

(6)

In the event an operator fails to build or have in place the minimum number of head required in subsection (b)(4) of this section or poultry facility indicated in the development plan within 12 months of obtaining zoning approval, or fails to obtain zoning approval for any of the facilities indicated in his development plan within the prescribed five-year period the zoning administrator shall revoke the development plan and all future development plans of facilities on the subject parcel until they shall strictly conform to the requirements of this division.

Each parcel for which a development plan has been approved by the zoning administrator shall display at its entrance a sign no smaller than two square feet, or larger than four square feet, clearly visible from the nearest roadway, indicating that a development plan is in effect for the parcel and containing the words "Certified Intensive Livestock Development Site."

(c)

Nutrient management plan.

(1)

After the effective date of the ordinance from which this division is derived, no operation consisting of at least 150 animal units shall be issued a zoning permit until a nutrient management plan for the proposed facility has been reviewed and approved by the state department of conservation and recreation or by the state cooperative extension service or other appropriate state agencies.

(2)

The nutrient management plan shall provide for the safe disposal or use of all manure and animal waste produced by each facility.

(3)

If off-site disposal is part of the nutrient management plan, the grower, raiser or operator shall provide, as part of the nutrient management plan, written documentation of an agreement with the receiver of the wastes produced at the grower's facility. Documentation shall specify the duration of the agreement and the nature of the application or use of the wastes. In addition, when effluent is to be spread on land belonging to a second party the agreement will include notification of the requirement of section 34-222. A nutrient management plan containing such an agreement shall be valid only as long as the agreement remains in force and shall be reviewed whenever such an agreement expires or is terminated by either party. The grower shall notify the zoning administrator whenever such an agreement is terminated before its stated expiration date within 15 days of such termination.

(4)

The nutrient management plan shall also provide for a site, with or without a permanent structure, for the storage of animal wastes which shall meet all applicable requirements and standards of the commonwealth and any department or division thereof. If an operator is unable to locate a site on the same parcel because of insufficient acreage or topographical hardship, then the zoning administrator, after consultation with the operator's engineer, may permit the storage site to be located on land owned by the operator adjacent to the facility; or, if there is a valid agreement for off-site disposal as provided in the division, the zoning administrator may permit the storage site to be located on a parcel specified in the agreement for such off-site disposal.

(5)

Notwithstanding the provision of this section, a raiser, operator or grower whose facilities were in operation prior to the effective date of the ordinance from which this division is derived, in attempting to comply with the requirement to provide a better storage site within two years from the adoption of the ordinance from which this division is derived, may locate an animal waste storage site within any setback otherwise required in this division upon satisfaction that the storage site will not encroach upon setbacks to a great extent than the existing facility.

(6)

The nutrient management plan, unless sooner required by the provisions of this article or by the commonwealth or any department or division thereof, shall be reviewed and updated every ten years by an agent of the state department of conservation and recreation or by the state cooperative extension service or by a person certified or employed by the commonwealth as a nutrient management planner.

(Code 1991, § 16-32; Ord. of 11-18-1988; Ord. of 3-15-1995; Ord. of 10-16-1998; Ord. of 8-18-2022, § 16-32)

The permitted density in the A-1 district shall not be more than one dwelling (single-family dwelling or manufactured/mobile home) per lot, parcel or tract of land.

(Code 1991, § 16-33; Ord. of 11-18-1988; Ord. of 3-15-1999; Ord. of 8-18-2022, § 16-33)

This division applies to the R-R Rural Residential District. The R-R district covers certain portions of the county now devoted predominantly to various open spaces, such as farms and forests, into which residential or other types of development have and can reasonably be expected to expand in the foreseeable future, but where location and timing of public programs will not generally support higher densities. This district is established to permit existing farming operations and related businesses to continue as interim uses while protecting watersheds and conserving water and other natural resources. This district is also established to:

(1)

Help protect property values from the adverse effects of unregulated development;

(2)

Provide for orderly development;

(3)

Discourage the random scattering of residential and commercial uses into the area; and,

(4)

Prevent premature urbanization.

(Code 1991, § 16-46; Ord. of 11-18-1988)

The following uses and structures are permitted in the R-R district:

(1)

Agricultural uses on lots of at least five acres involving the tilling of the soil, the raising of crops, horticulture, forestry and gardening, but does not include the raising of livestock or poultry.

(2)

Detached single-family dwelling on an individual lot.

(3)

Public schools.

(4)

Church and church bulletin board.

(5)

Wildlife preserve, conservation area.

(6)

Parks and playgrounds.

(7)

Home occupations (office and child care).

(8)

Volunteer fire or rescue squad with a conditional use permit.

(9)

Country general store with business sign.

(10)

Off-street parking as required by this chapter.

(11)

Mobile home or travel trailer as temporary use during the period of construction of a commercial, industrial or public structure of development, public facility or public utility. Travel trailers under no circumstances are to be permitted as a permanent livable dwelling unit.

(12)

Aquaculture.

(13)

Manufactured houses/modular units at least 19 feet in width and placed in a manner which renders the unit no longer transportable. Such units shall either have an enclosed or skirted foundation.

(14)

Cemetery with a conditional use permit.

(15)

Lodges or country clubs with a conditional use permit.

(16)

If owned and operated by the county public utility generating, booster or relay stations, transformer substations, transmission lines and towers, television and radio towers and structures not necessary to house electronic apparatus, pipes, meters and other facilities from the provision and maintenance of public utilities, including railroads and facilities, water and sewage installations. Public telecommunications facilities approved by the state public telecommunication board with the exception of television, radio towers and other structures not necessary to house electronic apparatus.

(17)

If owned privately, or if owned by a public entity other than the county, public utility generating, booster or relay stations, transformer substations, transmissions lines and towers, television and radio towers and structures not necessary to house electronic apparatus, pipes, meters and other facilities for the provision and maintenance public utilities, including railroads and facilities, and water and sewage installations with a conditional use permit. Public telecommunication facilities approved by the state public telecommunication board with the exception of television, radio towers and other structures not necessary to house electronic apparatus.

(18)

Private schools and training facilities with a conditional use permit.

(19)

Commercial child care centers with a conditional use permit.

(20)

Golf courses, golf driving ranges, miniature golf courses with a conditional use permit.

(21)

Accessory uses/structures, provided there is an existing principal use/structure already located on the subject property.

(22)

Maintaining of horses and ponies, but not to include raising of livestock. One horse or pony shall be allowed per gross acre of land with the maximum number limited to no more than five. Horses or ponies must be maintained within fenced areas located at least ten feet from all adjoining property lines.

(Code 1991, § 16-47; Ord. of 11-18-1988)

In the R-R district, buildings may be erected up to 35 feet or two stories, whichever is less in height, except that:

(1)

A public or semi-public building such as a school or church may be erected to a height of 60 feet from the grade, provided that required front, side and rear yards shall be increased by one foot for each foot in height over 35 feet.

(2)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennae and radio aerials are exempt.

(3)

No accessory building which is within 20 feet of any property line shall be more than one story high. All accessory buildings shall be less than the main building in height, provided that an accessory structure may be erected up to a height of 35 feet when located at least 150 feet from the main building and at least 100 feet from any property line.

(Code 1991, § 16-48; Ord. of 11-18-1988)

In the R-R district, the minimum lot area for permitted uses shall be two acres (87,120 square feet). For permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the health official. The minimum lot area shall not include areas identified as jurisdictional wetlands or areas located within the 100-year floodplain.

(Code 1991, § 16-49; Ord. of 11-18-1988)

In the R-R district, structures shall be located 100 feet or more from any street right-of-way. This shall be known as the setback line. However, public utility distribution facilities and signs advertising the sale or rental of property may be erected up to the property line.

(Code 1991, § 16-50; Ord. of 11-18-1988)

The minimum frontage for permitted uses located on a public road in the R-R district shall be 300 feet at the setback line.

(Code 1991, § 16-51; Ord. of 11-18-1988)

(a)

Side. The minimum side yard for each main structure in an R-R district shall be 25 feet.

(b)

Rear. Each main structure shall have a rear yard setback of 50 feet or more.

(c)

Accessory uses/structures. No accessory use/structure may be closer to the street right-of way than the principal use/structure and must be located at least five feet from any side or rear property line.

(Code 1991, § 16-52; Ord. of 11-18-1988)

(a)

Of the two sides of a corner lot in an R-R district, the front shall deemed to be the shorter of the two sides fronting on streets.

(b)

The minimum side yard on the side facing the side street shall be 35 feet for both main and accessory buildings.

(Code 1991, § 16-53; Ord. of 11-18-1988)

Off-street parking in the R-R district shall be as required by section 34-195.

(Code 1991, § 16-54; Ord. of 11-18-1988)

The permitted density in the R-R district shall not be more than one dwelling (single-family dwelling, modular unit, or manufactured home) per lot, parcel, or tract of land.

(Code 1991, § 16-55; Ord. of 11-18-1988)

(a)

This division applies to the R-E Residential Estate District. The R-E district is established to:

(1)

Provide for residential development at a density not to exceed one dwelling per lot; and

(2)

Allow other selected uses which are compatible with the low-density character of this district.

(b)

It is the intent that this zoning district be utilized in areas of the county where soil and other conditions permit development of this density and in areas located within Utility Service Areas (USA) as outlined in the comprehensive plan. All uses in the R-E district shall have frontage on publicly dedicated streets.

(Code 1991, § 16-56; Ord. of 11-18-1988)

The following uses and structures are permitted in the R-E residential estate district:

(1)

Detached single-family dwellings on individual lots.

(2)

Public schools, parks, playgrounds, athletic fields and other related facilities.

(3)

Church and church bulletin board.

(4)

Off-street parking as required by this chapter.

(5)

Home gardens (noncommercial).

(6)

Home occupations (office and child care).

(7)

Maintaining horse and ponies, but not to include raising of livestock. One horse/pony shall be allowed per gross acre of land with the maximum number limited to no more than five. Horses and ponies must be maintained within fenced areas located at least ten feet from all adjoining property lines.

(8)

Manufactured houses/modular units at least 19 feet in width and placed in a manner which renders the unit no longer transportable. Such units shall either have an enclosed or skirted foundation.

(9)

If owned and operated by the county public utility generating, booster or relay stations, transformer substations, transmission lines and towers, television and radio towers and structures not necessary to house electronic apparatus, pipes, meters and other facilities for the provision and maintenance of public utilities, including railroads and facilities, water and sewage installations. Public telecommunications facilities approved by the state public telecommunication board with the exception of television, radio towers and other structures not necessary to house electronic apparatus.

(10)

If owned privately, or if owned by a public entity other than the county, public utility generating, booster or relay stations, transformer substations, transmissions lines and towers, television and radio towers and structures not necessary to house electronic apparatus, pipes, meters and other facilities for the provision and maintenance public utilities, including railroads and facilities, and water and sewage installations with a conditional use permit. Public telecommunication facilities approved by the state public telecommunication board with the exception of television, radio towers and other structures not necessary to house electronic apparatus.

(11)

Private schools with a conditional use permit.

(12)

Commercial child care centers with a conditional use permit.

(13)

Golf driving range, miniature golf course with a conditional use permit.

(14)

Accessory uses/structures provided there is an existing principal use/structure already located on the subject property.

(Code 1991, § 16-57; Ord. of 11-18-1988)

In the R-E district, buildings may be erected up to 35 feet or two stories, whichever is less in height, except that:

(1)

A public or semi-public building such as a school or church may be erected to a height of 60 feet from the grade, provided that required front, side and rear yards shall be increased by one foot for each foot in height over 35 feet.

(2)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennae and radio aerials are exempt.

(3)

No accessory building which is within 20 feet of any property line shall be more than one story high. All accessory buildings shall be less than the main building in height, provided that an accessory structure may be erected up to a height of 35 feet when located at least 150 feet from the main building and at least 100 feet from any property line.

(Code 1991, § 16-58; Ord. of 11-18-1988)

In the R-E district, the minimum lot area for permitted uses shall be one acre (43,560 square feet). The minimum lot area shall not include areas identified as jurisdictional wetlands or areas located within a 100-year floodplain.

(Code 1991, § 16-59; Ord. of 11-18-1988)

In the R-E rural estate district, structures shall be located 75 feet or more from any street right-of-way. This shall be known as the setback line. However, public utility distribution facilities and signs advertising the sale or rental of property may be erected up to the property line.

(Code 1991, § 16-60; Ord. of 11-18-1988)

The minimum frontage for permitted uses located on a public road in the R-E district shall be 150 feet at the setback line.

(Code 1991, § 16-61; Ord. of 11-18-1988)

(a)

Side. The minimum side yard for each main structure in an R-E district shall be 25 feet.

(b)

Rear. Each main structure shall have a rear yard setback of 50 feet or more.

(c)

Accessory uses/structures. No accessory use/structure may be closer to the street right-of-way than the principal use/structure and must be located at least five feet from any side or rear property line.

(Code 1991, § 16-62; Ord. of 11-18-1988)

(a)

Of the two sides of a corner lot in an R-E district, the front shall deemed to be the shorter of the two sides fronting on streets.

(b)

The minimum side yard on the side facing the side street shall be 35 feet for both main and accessory buildings.

(Code 1991, § 16-63; Ord. of 11-18-1988)

Off-street parking in the R-E district shall be as required by section 34-195.

(Code 1991, § 16-64; Ord. of 11-18-1988)

This division applies to the R-1 General Residential District. The R-1 district is composed of certain quiet, low density residential areas, plus certain open area where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life, and to prohibit all activities of a commercial nature. To these ends, development is limited to relatively low concentrations, and permitted uses are limited basically to single unit dwellings provided homes for the residents, plus certain additional uses, such as schools, parks, churches and certain public facilities that serve the residents of the district. No maintaining of poultry if livestock is permitted in this district. Additionally, all uses in the R-1 district shall be served by both public water and sewer utilities and have frontage on publicly dedicated streets.

(Code 1991, § 16-71; Ord. of 11-18-1988; Ord. of 11-15-2007(2))

In the R-1 General Residential District, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Single-family dwellings, modular units and manufactured homes at least 19 feet in width and located on permanent foundations.

(2)

Two-family dwellings, with a conditional use permit.

(3)

Multi-family dwellings, with a conditional use permit.

(4)

Churches.

(5)

Schools, parks and playgrounds, play fields and recreational facilities.

(6)

Home occupations (office and child care) with a conditional use permit.

(7)

Accessory uses/structures provided there is an existing primary use/structure already located in the subject property. Accessory buildings, such as carports, porches and stoops attached to the main building shall be considered part of the main building.

(8)

Public utilities, such as poles, lines, distribution transformers, pipes, meters, and/or other facilities necessary for the provision and maintenance of public utilities, including water and sewerage facilities, with a conditional use permit. Public telecommunication facilities approved by the state public telecommunications board with the exception of television, radio towers, and other structures not necessary to house electronic apparatus.

(9)

Golf course, country club with a conditional use permit.

(10)

Library.

(11)

Hospitals, clinics, medical care facilities with a conditional use permit.

(12)

Planned unit developments (PUD) with a conditional use permit and in accordance with article IV of this chapter.

(Code 1991, § 16-72; Ord. of 11-18-1988)

Buildings in the R-1 district may be erected up to 35 feet in height, except that:

(1)

The height limit for dwellings may be increased up to 45 feet and up to three stories if there are two side yards for each permitted use, each of which is 15 feet or more, plus one foot or more of side yard for each additional foot of building height over 35 feet.

(2)

A public or semi-public building such as a school, church, library or general hospital may be erected to a height of 60 feet from grade, provided that the required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(3)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennae and radio aerials are exempt.

(4)

No accessory building which is within 20 feet of any lot line shall be more than one story high. All accessory buildings shall be less than the principal building in height.

(Code 1991, § 16-73; Ord. of 11-18-1988; Ord. of 11-15-2007(2))

The minimum lot area stated below shall not include areas identified as jurisdictional wetlands or areas located within a 100-year floodplain.

(1)

For single-family dwellings, the minimum lot area shall be 15,000 square feet.

(2)

For two-family dwellings, the minimum lot area shall be 17,500 square feet.

(3)

For a multi-family dwelling, the minimum lot size shall be 43,560 square feet for the first two dwelling units plus and additional 5,000 square feet for each additional unit above the two dwelling units.

(4)

For all other uses permitted in this district, the minimum lot size shall be 20,000 square feet.

(5)

The zoning administrator may require a larger lot, if deemed necessary.

(Code 1991, § 16-74; Ord. of 11-18-1988; Ord. of 11-15-2007(2))

Buildings in the R-1 district, including accessory uses, shall not cover more than 25 percent of the area of the lot.

(Code 1991, § 16-75; Ord. of 11-18-1988; Ord. of 11-15-2007(2))

Structures in an R-1 district shall be located 50 feet or more from any street right-of-way except that signs advertising the sale or rent of premises may be erected up to the property line.

(Code 1991, § 16-76; Ord. of 11-18-1988; Ord. of 11-15-2007(2))

The minimum lot width in an R-1 district at the setback line shall be 100 feet or more, and for each additional permitted dwelling unit there shall be at least ten feet of additional lot width at the setback line.

(Code 1991, § 16-77; Ord. of 11-18-1988; Ord. of 11-15-2007(2))

(a)

Side. The minimum side yard for each principal structure in an R-1 district shall be 15 feet or more, and the total width of the two required side yards shall be 30 feet or more.

(b)

Rear. Each main structure shall have a rear yard of 35 feet or more.

(c)

Accessory uses/structures. Accessory uses/structures must be at least five feet from side and rear property lines.

(Code 1991, § 16-78; Ord. of 11-18-1988; Ord. of 11-15-2007(2))

(a)

Of the two sides of a corner lot in an R-1 district, the front shall be deemed to be the shorter of the two sides fronting on streets.

(b)

The side yard on the side facing the side street shall be 50 feet or more for both principal and accessory buildings.

(c)

Each corner lot shall have a minimum width at the setback line of 100 feet or more.

(Code 1991, § 16-79; Ord. of 11-18-1988; Ord. of 11-15-2007(2))

Off-street parking in an R-1 district shall be as required by section 34-195.

(Code 1991, § 16-80; Ord. of 11-18-1988; Ord. of 11-15-2007(2))

This division applies to the R-2 Manufactured/Mobile Home Park, Residential District. The R-2 district is intended to encourage manufacture/mobile home development so that the demand for manufactured/mobile home living may be met by the proper design and layout of manufactured/mobile homes and by the efficient use of open space needed for such dwellings; so that opportunities for better housing and recreation may be provided for occupants of manufactured/mobile homes; to encourage a more efficient use of land and public services; and, to provide a procedure which can relate the design and layout of a manufactured/mobile home development to the particular site in a manner consistent with the preservation of the property values of adjoining areas.

(Code 1991, § 16-96; Ord. of 11-18-1988, art. 5; Ord. No. 99-02, 4-15-1999)

The county may, subject to statutory requirements, permit, in accordance with the provisions herein, the development of a single-family, residential manufactured/mobile home parks within any previously established A-1 general agricultural district.

(Code 1991, § 16-97; Ord. of 11-18-1988, § 5-1; Ord. No. 99-02, 4-15-1999)

Structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Manufactured/mobile home park, major.

(2)

Child care center, with a conditional use permit.

(3)

Travel trailer park, with a conditional use permit.

(4)

Accessory uses except that no accessory building will be closer than ten feet from any property line of the project.

(5)

Public utilities, with a conditional use permit. Public telecommunication facilities approved by the state public telecommunication board with the exception of televisions, radio towers and other structures not necessary to house electronic apparatus.

(Code 1991, § 16-98; Ord. of 11-18-1988; Ord. No. 99-02, 4-15-1999)

(a)

The minimum permitted area for use in an R-2 district shall be two contiguous acres. Additional land may be added to an existing R-2 district if it is adjacent thereto, forms a logical addition to the existing R-2 district and is under the same ownership or control.

(b)

The procedure for an addition shall be the same as if an original application were filed.

(Code 1991, § 16-99; Ord. of 11-18-1988; Ord. No. 99-02, 4-15-1999)

The permitted density is an R-2 district shall not be more than four manufactured/mobile homes per gross acre.

(Code 1991, § 16-100; Ord. of 11-18-1988, § 5-4; Ord. No. 99-02, 4-15-1999)

(a)

The minimum lot size per manufactured/mobile home in an R-2 district shall be 6,000 square feet. Each manufactured/mobile home lot shall have direct access to an interior park roadway or interior public street; no manufactured/mobile home lot shall have direct access to an exterior public street.

(b)

The minimum width for each manufactured/mobile home lot shall be at least 100 feet, except that, for any manufactured/mobile home unit greater than 15 feet in width, the minimum lot width shall be one additional foot per foot for manufactured/mobile home width greater than 15 feet.

(c)

No manufactured/mobile home shall be placed within 25 feet of another, provided that, with respect to manufactured/mobile homes arranged end to end, the distance shall not be less than 15 feet.

(d)

No manufactured/mobile home shall be placed less than 25 feet from the R-2 district boundary.

(e)

No manufactured/mobile home shall be placed less than 15 feet from any interior streets, walkways or common areas.

(Code 1991, § 16-101; Ord. of 11-18-1988, § 5-5; Ord. No. 99-02, 4-15-1999)

(a)

Required. Each manufactured/mobile home in an R-2 district shall be placed on a manufactured/mobile home stand, defined for the purpose of this article as an area which has been reserved for the placement of a manufactured/mobile home.

(b)

Size and location. The size of the manufactured/mobile home stand shall be suitable for the general market which is to be served and suitable to fit the dimensions of the anticipated manufactured/mobile homes, including their appurtenant structures or appendages, and shall be located at such elevation, distance and angle that placement and removal of the manufactured/mobile home is practical.

(c)

Gradient. There shall be a zero percent to five percent longitudinal and adequate crown or cross gradient for surface drainage.

(Code 1991, § 16-102; Ord. of 11-18-1988, § 5-6; Ord. No. 99-02, 4-15-1999)

Every manufactured/mobile home lot in an R-2 district shall be clearly defined on the ground by permanent markers. There shall be posted and maintained in a conspicuous place on each lot a number corresponding to the number of each lot, as shown on a site plan, as required in article III, division 11 of this chapter.

(Code 1991, § 16-103; Ord. of 11-18-1988, § 5-7; Ord. No. 99-02, 4-15-1999)

(a)

The maximum height of any manufactured/mobile home in an R-2 district shall be 18 feet from grade.

(b)

The maximum height of any building or structure other than a manufactured/mobile home shall be 35 feet or 2½ stories.

(Code 1991, § 16-104; Ord. of 11-18-1988, § 5-6; Ord. No. 99-02, 4-15-1999)

(a)

Gasoline, liquefied petroleum, gas or heating oil storage tanks in an R-2 district shall be so installed as to comply with all county, state and national fire prevention code regulations.

(b)

Where oil heating of a manufactured/mobile home is provided, only one fuel storage facility shall be provided on each manufactured/mobile home lot.

(Code 1991, § 16-105; Ord. of 11-18-1988, § 5-9; Ord. No. 99-02, 4-15-1999)

The storage of refuse in the manufactured/mobile home park shall be so conducted as to create no health hazard, rodent harborage, insect breeding areas, accident or fire hazards or air pollution. All refuse shall be stored in containers, which shall be located in reasonable proximity to the manufactured/mobile home lots they serve. Containers shall be provided in sufficient number and capacity to properly store all refuse.

(Code 1991, § 16-106; Ord. of 11-18-1988; Ord. No. 99-02, 4-15-1999)

(a)

The manufactured/mobile home park shall contain a landscaped or wooded buffer which visually screens the park by means of a planted or natural growth of trees or shrubbery at least 25 feet in width and three feet in height along areas open to view from a public road and along all other exterior property boundary lines. This buffer area shall be in addition to space required for each mobile home site and shall not be used for other park facilities or accessory storage structures or parking areas. This site plan shall include a landscape plan for this open space indicating planting of shade trees and lower plant materials for open portions of the space and a plan for tree maintenance in wooded portions. The landscaping plan must be submitted to the zoning administrator for review and approval prior to construction or the issuance of any building permits. Continued maintenance to the open space and its planting shall be the responsibility of the owner or operator of the park.

(b)

Each manufactured/mobile home site shall have at least one shade tree planted and maintained by the owner of the park.

(Code 1991, § 16-107; Ord. of 11-18-1988; Ord. No. 99-02, 4-15-1999)

Each manufactured/mobile home in an R-2 district shall have approved skirting around its perimeter to screen its wheels and undercarriage. Skirting must be installed within 90 days after occupancy of the unit.

(Code 1991, § 16-108; Ord. of 11-18-1988, § 5-12; Ord. No. 99-02, 4-15-1999)

(a)

Not less than ten percent of the gross area of the R-2 districts shall be reserved as common open space for recreational facilities.

(b)

Such open space shall not include manufactured/mobile home lots, any area covered by a structure, parking areas or accessory structures (except recreational structures which may be regarded as part of the ten percent of required open space), and shall not include proposed street rights-of-way.

(c)

All open space shall be preserved for its intended purposes, as expressed in the approved site plan.

(d)

Each manufactured/mobile home park shall provide not less than one multiple purpose developed recreational area of at least 10,000 square feet for the use of occupants of the manufactured/mobile home park. Any park containing more than 100 units shall provide an additional minimum of 100 square feet of such recreation area per manufactured/mobile home lot in excess of 100 lots. The additional recreational area shall be provided in sites contiguous to the minimum area required above. The resulting area shall be considered as part of the open space required by subsection (a) of this section.

(e)

The required multiple purpose developed recreational area shall include at least one of the following facilities: community buildings, swimming pools, playground, equipment, picnic pavilions, tot lots, tennis courts, basketball courts or baseball fields.

(f)

A recreational plan of development and/or site plan shall be submitted to the zoning administrator for review and approval describing all recreational facilities to be located within the park prior to construction or the issuance of any building permits.

(Code 1991, § 16-109; Ord. of 11-18-1988, § 5-13; Ord. No. 99-02, 4-15-1999)

(a)

All internal streets must be hard-surfaced (paved) and shall be constructed in accordance with the sub-base and base specifications for subdivision streets as adopted by the Virginia Department of Transportation. If internal streets are to be private, the developer or owner of the manufactured/mobile home park must submit an agreement stating the internal streets will be properly constructed and maintained at no expense to the county.

(b)

Each street located within the park shall be provided with a drainage ditch and necessary pipe culverts to provide for stormwater run-off. Stormwater management information shall be provided along with the required site plan.

(Code 1991, § 16-110; Ord. of 11-18-1988; Ord. No. 99-02, 4-15-1999)

All manufactured/mobile home parks shall be served by public water and sewer systems or central systems where public systems are not available. These systems must be approved by the state department of health and the county zoning administrator.

(Code 1991, § 16-111; Ord. of 11-18-1988, § 5-15; Ord. No. 99-02, 4-15-1999)

Prior to the commencement of any type of construction work pertaining to a manufactured/mobile home park, the owner or developer of that property shall meet the requirements of article III, division 11 of this chapter.

(Code 1991, § 16-112; Ord. of 11-18-1988, § 5-16; Ord. No. 99-02, 4-15-1999)

At least two off-street parking spaces shall be provided for each manufactured home lot. Space for one vehicle of the required two spaces must be provided upon the site. Where the second space is not provided upon the site, such space shall be provided in designated parking areas located no more than 200 feet from the site which it serves. All spaces must be of hard-surfaces, dust-fee construction. On-street parking is strictly prohibited.

(Code 1991, § 16-113; Ord. of 11-18-1988; Ord. No. 99-02, 4-15-1999)

Street lights must be provided at all entrances and shall be appropriately located throughout the manufactured/mobile home park. A street lighting plan must be submitted to the zoning administrator for review and approval prior to construction or the issuance of any building permits.

(Code 1991, § 16-114; Ord. of 11-18-1988; Ord. No. 99-02, 4-15-1999)

All manufactured/mobile home parks containing in excess of 50 lots shall be phased at a rate not to exceed 35 lots per year and a phasing plan detailing the schedule for development must be submitted to the zoning administrator and approved by the planning commission prior to construction or the issuance on any building permits.

(Code 1991, § 16-115; Ord. of 11-18-1988; Ord. No. 99-02, 4-15-1999)

(a)

Each manufactured/mobile home site shall provide an appropriate outdoor living space (patio) constructed of wood or concrete. The minimum size of each manufactured/mobile home patio shall be 100 square feet. Each patio shall be convenient to the entrance of the manufactured/mobile home.

(b)

Each manufactured/mobile home site shall have a minimum area of 100 square feet available for the location/placement of a utility/storage building. Any such building shall be located on the side or in the rear portion of the site.

(c)

Stairs, porches, entrance platforms, ramps, and other means of entrance or exit to and from the manufactured/mobile home shall be installed and/or constructed in accordance with the standards set forth in the Virginia Uniform Statewide Building Code.

(Code 1991, § 16-116; Ord. of 11-18-1988; Ord. No. 99-02, 4-15-1999)

(a)

Manufactured/mobile home park owners/operators shall create a set of rules and regulations for his park. Such rules and regulations must include provisions that prohibit the location and abandoned or junked vehicles within the park; that require inoperable vehicles to be removed within a specified period of time; that prohibit the parking of campers and recreational vehicles unless a designated area has been reserved for such uses and that require the owners of domestic pets such as cats and dogs to have their animals under control at all times.

(b)

Such rules and regulations shall be enforced by the owner/operator of the manufactured home park.

(c)

A copy of these rules and regulations shall be filed in the county department of planning prior to construction or the issuance of any building permits.

(Code 1991, § 16-117; Ord. of 11-18-1988; Ord. No. 99-02, 4-15-1999)

(a)

It shall be the duty of the manufactured/mobile home park manager to keep a register containing a record of all manufactured home owners and occupants located within the park. The manager shall keep the register available for inspection at all times by law enforcement officers, health officials, and other officials whose duties necessitate acquisition of the information contained in the register. The register shall contain the following information:

(1)

The name and address of each manufactured home occupant.

(2)

The name and address of the owner, the make, model, and/or serial number and year, of each manufactured/mobile home.

(3)

The state where each manufactured home is registered.

(4)

The manufactured/mobile home site number to which each manufactured/mobile home is assigned.

(5)

The date of arrival, anticipated departure, and actual departure of each manufactured/mobile home.

(b)

An updated copy of such register shall be filed each year in June with the county department of planning and the commissioner of the revenue.

(Code 1991, § 16-118; Ord. of 11-18-1988; Ord. No. 99-02, 4-15-1999)

No existing manufactured/mobile home park shall be enlarged or extended unless the entire park is made to conform substantially to all requirements for a new manufactured home park.

(Code 1991, § 16-119; Ord. of 11-18-1988; Ord. No. 99-02, 4-15-1999)

This division applies to the RR-MH Rural Residential-Manufactured Home District. The purpose of the RR-MH district is to provide for low density residential manufactured/mobile home development in rural areas of the county where urban services, such as public water and sewer, are not available or planned in the near future. The district is intended to provide developmental flexibility by allowing for low density manufactured/mobile home development for those individuals who choose to live in a rural environment. The RR-MH district is established to provide basic standards that will preserve the rural character of the county and that will minimize the effects of manufactured/mobile home developments on surrounding properties.

(Code 1991, § 16-345; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

Structures to be erected on land to be development in a RR-MH district shall be for the following uses:

(1)

Manufactured/mobile home park, minor.

(2)

Accessory uses except that no accessory building may be closer than ten feet from any adjoining property line.

(Code 1991, § 16-346; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

(a)

The minimum permitted area for uses in a RR-MH district shall be two contiguous acres. Land may be added in the future to an existing RR-MH district if it is adjacent thereto, forms a logical addition to the existing RR-MH district, is under the same ownership or control and does not result in the creation of a manufacture/mobile home park, major.

(b)

The procedure for any addition to or enlargement of the minimum required land area shall be the same as if an original application for a change of zoning district classification was filed.

(c)

The RR-MH district shall not be used to circumvent the provisions of the R-2 Manufactured/Mobile Home Park Residential District.

(Code 1991, § 16-347; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

The permitted density in an RR-MH district shall not exceed three manufactured/mobile homes per gross acre of land. In no case shall there be more than nine manufactured/mobile units located upon any lot, field, parcel or tract of land in the RR-MH district.

(Code 1991, § 16-348; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

(a)

The minimum lot size per manufactured/mobile home in a RR-MH district shall be 5,000 square feet. Each manufactured/mobile home lot shall abut upon a street located within the boundaries of the development. No mobile home lot shall have direct access to an exterior public street (secondary and/or primary road).

(b)

The minimum width for each manufactured/mobile home lot shall be at least 100 feet, except that, for any manufactured/mobile home unit greater than 15 feet in width, the minimum lot width shall be one additional foot per foot for manufactured/mobile home width greater than 15 feet.

(c)

No manufactured/mobile home shall be placed within 25 feet from the RR-MH district boundary.

(d)

No manufactured/mobile home shall be placed less than 25 feet from the RR-MH district boundary.

(e)

No manufactured/mobile home shall be placed less than 15 feet from any interior streets, walks, or common areas.

(Code 1991, § 16-349; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

(a)

Required. Each manufactured/mobile home in a RR-MH district shall be placed on a manufactured mobile home stand, defined for the purpose of this article as an area which has been reserved for the placement of a manufactured/mobile home.

(b)

Size and location. The size of the manufactured/mobile home stand shall be suitable for the general market which is to be served and suitable to fit the dimensions of the anticipated manufactured/mobile homes, including their appurtenant structures or appendages, and shall be located at such elevation, distance and angle that placement and removal of the manufactured/mobile home is practical.

(c)

Gradient. There shall be a zero percent to five percent longitudinal and adequate crown or cross gradient for surface drainage.

(Code 1991, § 16-350; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

Every manufactured/mobile home lot in a RR-MH district shall be clearly defined on the ground by permanent markers. A number corresponding to the number of each lot, as shown on the site plan (as required in article III, division 11 of this chapter) shall be posted and maintained in a conspicuous place on each lot.

(Code 1991, § 16-351; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

(a)

The maximum height of any manufactured/mobile home in an RR-MH district shall be 18 feet from grade.

(b)

The maximum height of any accessory structures or buildings other than a manufactured/mobile home shall be 18 feet from grade.

(Code 1991, § 16-352; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

(a)

Gasoline, liquefied petroleum, gas or heating oil storage tanks in an RR-MH district shall be so installed as to comply with all county, state and national fire prevention code regulations.

(b)

Where oil heating or a manufactured/mobile home is provided, only one fuel storage facility shall be provided on each manufactured/mobile home lot.

(Code 1991, § 16-353; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

The storage of refuse in the manufactured/mobile home park shall be so conducted as to create no health hazard, rodent harborage, insect breeding area, accident or fire hazards or air pollution. All refuse shall be stored in containers, which shall be located in reasonable proximity to the manufactured/mobile home lots they serve. Containers shall be provided in sufficient number and capacity to properly store all refuse.

(Code 1991, § 16-354; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

(a)

A vegetative buffer at least ten feet in width and at least three feet in height shall be provided and maintained along the edges of a proposed development visible from a public road or from an adjoining property in order to protect residences from undesirable view, lighting, noise or other off-street influences. This buffer area shall be in addition to space required for each mobile home site and shall not be used for the location of accessory structures/buildings or for off-street parking areas.

(b)

Fences or walls at least six feet in height may be provided in lieu of the vegetative buffer, if approved by the planning commission.

(c)

Each mobile home site shall have at least one shade tree planted and maintained by the owner.

(Code 1991, § 16-355; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

Each manufactured/mobile home in a RR-MH district shall have approved skirting around its perimeter to screen its wheels and undercarriage. Skirting must be installed within 90 days after occupancy of the unit.

(Code 1991, § 16-356; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

(a)

Not less than ten percent of the gross area of the RR-MH district shall be reserved as common open space.

(b)

Such open space shall not include manufactured/mobile home lots, any area covered by a structure, parking areas or accessory structures (except recreational structures which may be regarded as part of the ten percent of required open space), and shall not include proposed street rights-of-way.

(c)

All open space shall be preserved for its intended purpose, as expressed in the approved site plan.

(d)

Any minor manufactured/mobile home park containing three or more lots shall provide a common space for outdoor recreation and recreational facilities that are age appropriate for the occupants of the park.

(e)

A recreation plan of development and/or site plan shall be submitted to the zoning administrator for review and approval describing all recreational facilities to be located within the park prior to construction or the issuance of any building permits.

(Code 1991, § 16-357; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

(a)

Streets within RR-MH developments, containing three or more lots, must be hard-surfaced (paved) and shall be constructed in accordance with the sub-base and base specifications as adopted by the state department of transportation.

(b)

Streets within RR-MH developments, containing less than three lots, must have an all-weather surface and shall be constructed in accordance with the minimum construction standard of the state department of transportation for unpaved roads without surface treatment.

(c)

The county must approve all streets within manufactured/mobile home park-minor developments and the owner or developer must make adequate provisions for the maintenance of such streets.

(d)

Each street located within a RR-MH development shall be provided with a drainage ditch and necessary pipe culverts to provide for stormwater runoff. Stormwater management information shall be provided along with the require site plan.

(Code 1991, § 16-358; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

All manufactured/mobile home developments within the RR-MH district shall be served by appropriate central water and sewer systems where public systems are not available. The state department of health and the county zoning administrator must approve these systems prior to the issuance of any building permits.

(Code 1991, § 16-359; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

Prior to the commencement of any type of construction work the owner or developer of the subject property shall meet the requirements of article III, division 11 of this chapter.

(Code 1991, § 16-360; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

At least one off-street parking space shall be provided for each manufactured home lot.

(Code 1991, § 16-361; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

Outdoor lights must be provided and shall be appropriately located throughout the development. A lighting plan must be submitted to the zoning administrator for review and approval prior to construction or the issuance of any building permits.

(Code 1991, § 16-362; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

(a)

Each manufactured home site shall have a minimum area of 100 square feet available for the location/placement of a utility/storage building. Any such building shall be located on the side or in the rear portion of the site.

(b)

Stairs, porches, entrance platforms, ramps and other means of entrance or exit to and from the manufactured home shall be installed and/or constructed in accordance with the standards set forth in the Virginia Uniform Statewide Building Code.

(Code 1991, § 16-363; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

(a)

Where applicable, the owner or operator of a development within the RR-MH district shall create a set of rules and regulations for the site in question. Such rules and regulations must include provisions that prohibit the location of abandoned or junked vehicles within the development; that require inoperable vehicles to be removed within a specified period of time; that prohibit the parking of campers and recreational vehicles unless a designated area has been reserved for such uses and that require the owners of domestic pet such as cats and dogs to have their animals under control at all times. Such rules and regulations shall be enforced by the owner/operator of the manufactured/mobile home development.

(b)

A copy of these rules and regulations shall be filed in the county department of planning prior to construction or the issuance of any building permits.

(Code 1991, § 16-364; Ord. of 11-18-1988; Ord. No. 99-03, 5-20-1999)

This division applies to the B-1 Limited Business District. The primary purpose of the B-1 district is to establish and protect a business district that will serve the surrounding residential districts. Traffic and parking congestion is to be held to a minimum to protect and preserve property values in the surrounding residential districts and, insofar as possible, all neighborhood business development shall take place in a limited business district. The minimum area of such a district shall be one block and only include such activities as are necessary for the day-to-day operation of a normal household. In most instances, these areas are not located on major traffic arteries.

(Code 1991, § 16-131; Ord. of 11-18-1988)

In B-1 districts, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Grocery stores.

(2)

Bake shops.

(3)

Drugstores.

(4)

Pick-up laundry and dry cleaning stations.

(5)

Coin-operated laundries.

(6)

Barbershops and beauty shops.

(7)

Gift shops.

(8)

Clothing shops.

(9)

Appliance stores.

(10)

Off-street parking as required by this chapter.

(11)

Public utilities; poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewage facilities.

(12)

Business signs.

(13)

Church bulletin boards and identification signs.

(14)

Directional signs.

(15)

Home occupation signs.

(16)

Professional offices.

(17)

Financial institutions.

(18)

Governmental offices.

(19)

Veterinary hospital and medical clinics with a conditional use permit.

(20)

Restaurant.

(21)

Day care center, with a conditional use permit.

(22)

Caretakers living quarters (single-family dwelling apartment), with a conditional use permit, provided living quarters are not manufactured homes and provided living quarters are either located on the same premises as the respective business or located within the commercial building.

(23)

Planned unit developments (PUD) with a conditional use permit and in accordance with article IV of this chapter.

(Code 1991, § 16-132; Ord. of 11-18-1988; Ord. No. 2000-02)

In B-1 districts, the area regulations shall be as follows: None, except that, for permitted uses utilizing individual water supply of sewage disposal systems, the required area for any such use shall be approved by the health official. The zoning administrator may require a greater area if considered necessary by the health official.

(Code 1991, § 16-133; Ord. of 11-18-1988; Ord. of 11-15-2007(2))

Structures in B-1 districts shall be located 35 feet or more from any street right-of-way which is 50 feet or greater in width, or 60 feet or more from the centerline of any street right-of-way less than 50 feet in width, except that signs advertising the sale or rent of premises may be erected up to the property line. This shall be known as the "setback line."

(Code 1991, § 16-134; Ord. of 11-18-1988; Ord. of 11-15-2007(2))

(a)

For permitted uses in B-1 districts, the minimum side yard, adjoining or adjacent to a residential or agricultural district, shall be at least ten feet.

(b)

Off-street parking and loading shall be in accordance with section 34-195 and any other applicable provisions of this chapter.

(Code 1991, § 16-135; Ord. of 11-18-1988; Ord. No. 2003-02, 7-17-2003; Ord. of 11-15-2007(2))

(a)

The height limit for dwellings may be increased up to 45 feet and up to three stories; provided, that there are two side yards for each permitted use, each of which is ten feet or more, plus one foot more of side yard for each additional foot of building height over 35 feet.

(b)

A public or semipublic building, such as a school, church, library or general hospital, may be erected to a height of 60 feet from grade; provided, that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(c)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennae and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(d)

No accessory building which is within ten feet of any party lot line shall be more than one story high. All accessory buildings shall be less than the main building in height.

(Code 1991, § 16-136; Ord. of 11-18-1988; Ord. No. 2003-01, 7-17-2003; Ord. of 11-15-2007(2))

A site plan is required for any structures to be erected or land to be used in a B-1 district. The procedures and requirements for approval of a site plan are provided in article III, division 11 of this chapter.

(Code 1991, § 16-137; Ord. of 11-18-1988, § 6-6)

Off-street parking in a B-1 district shall be as required by section 34-195.

(Code 1991, § 16-138; Ord. of 11-18-1988, § 6-7)

This division applies to the B-2 General Business District. Generally, the district covers that portion of the community intended for the conduct of general business to which the public requires direct and frequent access, but which is not characterized either by constant heavy trucking, other than stocking and delivery of light retail goods, or by any nuisance factors, other than occasioned by incidental light and noise of congregation of people and passenger vehicles. This includes such uses as retail stores, banks, theaters, business offices, newspaper offices, printing presses, restaurants, taverns and garages and service stations.

(Code 1991, § 16-139; Ord. of 11-18-1988)

In B-2 districts, structures to be erected or land to be used shall for one or more of the following uses:

(1)

Retail stores and shops.

(2)

Bakeries.

(3)

Restaurants.

(4)

Laundries.

(5)

Wearing apparel stores.

(6)

Drugstores.

(7)

Barbershops and beauty shops.

(8)

Auto and home appliance services.

(9)

Theaters and assembly halls.

(10)

Hotels and motels.

(11)

Office buildings.

(12)

Churches.

(13)

Libraries.

(14)

Hospital, general.

(15)

Funeral homes.

(16)

Community/recreation centers.

(17)

Clubs and lodges.

(18)

Auto sales and service, to include the sales and service of boats, boat trailers, and recreational vehicles.

(19)

Lumber and building supply (with storage under cover).

(20)

Plumbing and electrical supply (with storage under cover).

(21)

Wholesale and processing not objectionable because of dust, noise or odors with a conditional use permit.

(22)

Dry cleaners.

(23)

Machinery sales and service.

(24)

Public utilities.

(25)

Off-street parking as required by this chapter.

(26)

Waterfront business activities; wholesale and retail marine interest, such as boat docks, piers, small boat docks, yacht club and servicing facilities for the same; docks and areas for the receipt, storage and transshipment of waterborne commerce; seafood and shellfish receiving, packing and shipping plants; and recreational activities primarily conducted on or about a waterfront. All such uses shall be contiguous to a waterfront.

(27)

Public billiard parlors and poolrooms, bowling alleys, dance halls and similar forms of public amusement with a conditional use permit.

(28)

Business signs.

(29)

General advertising signs.

(30)

Locations signs.

(31)

Cabinet, furniture and upholstery shops not exceeding a combined area of 5,000 square feet for workshop and storage space with a conditional use permit.

(32)

Medical clinics.

(33)

Governmental offices.

(34)

Veterinary hospital with a conditional use permit.

(35)

Communication tower with station with a conditional use permit.

(36)

Wholesale businesses, storage warehouses and mini-storage units with a conditional use permit.

(37)

Classic and collectible car sales and restoration facility, with inoperable vehicles screened from view and restoration activities under cover, in accordance with the following definition: "A business actively involved in restoration and sales of classic and collectible specialty vehicles. Facilities must be screened for restoration work and storage of disabled vehicles. This business could also be involved in the sale of new/N.O.S., and used parts, but would not allow the general public access to vehicles for the purpose of removing parts."

(38)

Nursery and landscaping.

(39)

Financial institutions.

(40)

Computer software development firms to exclude the manufacturing of such software, screened from view and 200 feet from the state road right-of-way.

(41)

Show horse facility and riding academy with a conditional use permit.

(42)

Day care center.

(43)

Automobile self-service station.

(44)

Automobile service station.

(45)

Garage, public.

(46)

Tractor-trailer service station, truck stop, trucking companies.

(47)

Laydown yard with a conditional use permit.

(48)

Kennel.

(49)

Family day care, large.

(50)

Caretaker's living quarters (single-family dwelling apartment), with a conditional use permit, provided living quarters are not manufactured homes and provided living quarters are either located on the same premises as the respective business or located within the commercial building.

(51)

Carwash.

(52)

Modular/manufactured home sales center.

(53)

Planned unit developments (PUD) with a conditional use permit and in accordance with article IV of this chapter.

(Code 1991, § 16-140; Ord. of 11-18-1988)

In B-2 districts, the following area regulations shall apply: None, except that, for permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the health official. The zoning administrator may require a greater area if considered necessary by the health official.

(Code 1991, § 16-141; Ord. of 11-18-1988)

Buildings in B-2 districts shall be located ten feet or more from any street right-of-way which is 50 feet or greater in width, or 35 feet or more from the centerline of any street right-of-way less than 50 feet in width, except that signs advertising the sale or rent of premises may be erected up to the property line. This shall be known as the "setback line."

(Code 1991, § 16-142; Ord. of 11-18-1988)

(a)

For permitted uses in B-2 districts, the minimum side yard adjoining or adjacent to a residential or agricultural district shall be at least ten feet.

(b)

Off-street parking and loading shall be in accordance with section 34-195 and any other applicable provisions of this chapter.

(Code 1991, § 16-143; Ord. of 11-18-1988)

Buildings may be erected up to 35 feet in height from grade in B-2 districts, except that:

(1)

The height limit for dwellings may be increased up to 45 feet and up to three stories; provided, that there are two side yards for each permitted use, each of which is ten feet or more, plus five feet or more of side yard for each additional foot of building height over 35 feet.

(2)

A public or semipublic building, such as a school, church, library or general hospital, may be erected to a height of 60 feet from grade; provided, that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(3)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennae and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(4)

No accessory structure which is within ten feet of any party lot line shall be more than one story high. All accessory structures shall be less that the main structure in height.

(Code 1991, § 16-144; Ord. of 11-18-1988)

A site plan is required for any structures to be erected or land to be used in a B-2 district. The procedures and requirements for approval of a site plan are provided, as set forth in article III, division 11 of this chapter.

(Code 1991, § 16-145; Ord. of 11-18-1988)

Off-street parking in a B-2 district shall be as required by section 34-195 and any other applicable provision of this chapter.

(Code 1991, § 16-146; Ord. of 11-18-1988)

This division applies to the B-3 Shopping Center District. The B-3 district is designed to permit the development of attractive and efficient retail shopping facilities of integrated design in appropriate locations to serve residential neighborhoods. Recognizing that it is not possible or desirable to attempt to precisely outline shopping center districts on vacant land prior to population growth and related residential development or construction of major thoroughfares, which together are prerequisites of well-planned properly located modern shopping center developments, the following procedures and requirements are established for the development of a B-3 district.

(Code 1991, § 16-147; Ord. of 11-18-1988)

In shopping center district B-3, the uses permitted shall include the following:

(1)

Retail commercial and service establishments serving the needs of the market area, including those uses ordinarily accepted as shopping center uses.

(2)

A veterinary hospital with a conditional use permit.

(3)

Storage warehouses with a conditional use permit.

(Code 1991, § 16-148; Ord. of 11-18-1988)

In order that the purposes of the B-3 district shall be realized, the land and the buildings and appurtenant facilities shall be in a single ownership, or under management or supervision of a central authority. Any transfer of land within the district resulting in ownership within the district by one or more parties after an application has been filed shall not alter the applicability of the regulations contained herein.

(Code 1991, § 16-149; Ord. of 11-18-1988)

In the B-3 district:

(1)

The minimum site area shall be three acres.

(2)

The minimum distance from any street right-of-way to any building shall be 35 feet.

(3)

The minimum distance from other property lines to any building shall be 25 feet for any building under 35 feet in height.

(4)

For buildings over 35 feet in height, the minimum distance from other property lines to any such buildings shall be 25 feet, plus one foot for each additional foot of building height over 35 feet.

(Code 1991, § 16-150; Ord. of 11-18-1988)

All buildings developed in the B-3 district shall be served wherever practicable by underground utilities.

(Code 1991, § 16-151; Ord. of 11-18-1988)

One sign not exceeding 80 square feet in area and 35 feet in height and announcing only the name and the location of the shopping center shall be permitted. All individual business signs within the shopping center shall be attached to, or made integral with, the principal building. Notwithstanding the foregoing, the board of supervisors may, in the ordinance rezoning the property, permit one additional sign to serve either or both of the foregoing purposes, which sign need not be attached to a building, but which shall conform to the size and height limitations set forth above. The zoning administrator must approve the size of each individual business sign within the shopping center.

(Code 1991, § 16-152; Ord. of 11-18-1988)

(a)

Off-street parking spaces shall be provided in the ratio of at least one parking space for each 200 square feet of floor area in the shopping center.

(b)

Off-street loading spaces shall be in accordance with article IV of this chapter and any other applicable provisions of this chapter.

(Code 1991, § 16-153; Ord. of 11-18-1988)

(a)

Landscaping or other devices shall be used to screen surrounding residential districts from open service, storage and loading operations with the shopping center.

(b)

Any part of the shopping center area not used for buildings or other structures, parking, loading, pedestrian walks or access ways shall be landscaped with grass, trees or shrubs.

(Code 1991, § 16-154; Ord. of 11-18-1988)

(a)

Before submitting an application for a shopping center district, an applicant, at his option, may confer with the planning commission to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other data.

(b)

Applications for a shopping center district shall be submitted as for other amendments under section 34-36. Materials submitted with the application or on subsequent request by the planning commission shall include all plans, maps, studies and reports which may reasonably be required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records. More specifically, all of the following shall be required.

(c)

The development plan shall be clearly drawn to a scale and shall show the following:

(1)

The proposed location and size of structures, indicating tenant types (uses) and total square feet in buildings.

(2)

The proposed size, location and use of other portions of the tract, including landscaped, parking, loading, service, maintenance and other areas or spaces.

(3)

The proposed provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence or reasonableness.

(4)

The proposed traffic circulation pattern, including access drives, parking arrangement, pedestrian walks, and safety areas, and the relationship to existing and proposed external streets and traffic patterns with evidence of reasonableness.

(5)

Potential population and area to be served by the proposed shopping center.

(6)

Evidence that the applicant has sufficient control over the land to effectuate the proposed development plan. Evidence of control includes property rights and the engineering feasibility data which may be necessary and the economic feasibility studies (market analysis or other data justifying the proposed development).

(d)

The planning commission or the board of supervisors may establish additional requirements, and in special cases, may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the project.

(e)

Final plans and reports approved shall be binding on the applicant and any successors in interest so long as B-3 zoning applies.

(f)

The shopping center may be built in stages in accordance with a construction timing schedule approved by the board of supervisors. If there is not substantial compliance with the approved schedule, the board of supervisors may, after expiration of a period of three years form the date of final approval, void the approval.

(g)

Upon termination of an approval, the planning commission shall review the circumstances and recommend to the board of supervisors that:

(1)

B-3 zoning for the entire area be continued with revised time limits;

(2)

B-3 zoning be continued for part of the area with revised time limits, and the remainder rezoned to an appropriate category;

(3)

The entire area be rezoned from B-3 to an appropriate category.

Such recommendation shall include proposals for appropriate action in respect to any legal instruments involved in the case.

(h)

An extension of the time limit or modification of the approved development plan may be approved if the board of supervisors finds that such extension or modification is not in conflict with the public interest.

(i)

If required by the board of supervisors, a surety bond shall be filed for, or deposited in escrow with, the county, in a sum sufficient to ensure completion of special requirements as may be imposed by the board of supervisors.

(Code 1991, § 16-155; Ord. of 11-18-1988)

This division applies to the I-1 Limited Industrial District. The primary purpose of the I-1 district is to permit certain industries, which do not in any way detract from residential desirability, to locate in any area adjacent to residential uses. The limitations on (or provisions relating to) height of buildings, horsepower, heating, flammable liquids or explosives, controlling emissions of fumes, odors and/or noise, landscaping, and the number of persons employed are imposed to protect and foster adjacent residential desirability while permitting industries to locate near a labor supply.

(Code 1991, § 16-156; Ord. of 11-18-1988, art. 7)

In I-1 districts, any structure to be erected or land to be used shall be for one or more of the following uses:

(1)

Assembly of electrical appliances, electronic instruments and devices, radios and stereos. Also the manufacture of small parts, such as coils, condensers, transformers and crystal holders.

(2)

Automobile assembling, painting, upholstering, repairing, rebuilding, reconditioning, body and fender work, truck repairing or overhauling, tire retreading or recapping or battery manufacture.

(3)

Blacksmith shop, welding or machine shop.

(4)

Laboratories, pharmaceutical and/or medical.

(5)

Manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toil soap, toiletries and food products.

(6)

Manufacture, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials; bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, metal, paper, plastic, precious or semiprecious metals, or stones, shell, straw, textiles, tobacco, wood, yard and paint.

(7)

Manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay.

(8)

Wholesale business, storage warehouses.

(9)

Manufacture of musical instruments, toys, novelties and rubber and metal stamps.

(10)

Building material sales yards, plumbing supplies storage.

(11)

Coal and wood yards, lumber yards, feed and seed stores.

(12)

Contractors' equipment storage yards or plants, or rental, or equipment commonly used by contractors.

(13)

Cabinets, furniture and upholstery shops.

(14)

Board building.

(15)

Monumental stone works.

(16)

Veterinary or dog or cat hospitals, kennels.

(17)

Manufacture, production or processing of aluminum, with a conditional use permit.

(18)

Sand and gravel operations, with a conditional use permit.

(19)

Public utility generating, booster or relay stations, transformer substations, transmission lines and towers, television and radio towers and structures not necessary to house electronic apparatus, pipes, meters and other facilities for the provision and maintenance of public utilities, including railroads and facilities, and water and sewage installations, with a conditional use permit. Public telecommunication facilities approved by the state public telecommunication board with the exception of television, radio towers and other structures not necessary to house electronic apparatus.

(20)

With a conditional use permit, uses allowed in B-2 districts.

(21)

Adult entertainment establishments, including adult bookstores, adult mini-motion picture theater, adult motion picture theater, cabaret, massage parlors, drug paraphernalia stores, tattoo parlors, with a conditional use permit.

(Code 1991, § 16-157; Ord. of 11-18-1988, § 7-1; Ord. of 7-19-1990(2); Ord. of 2-21-1991; Res. of 1-21-1993)

(a)

Before a building permit shall be issued or construction commenced on any permitted use in the I-1 district, or a permit issued for a new use, all requirements of article III, division 11 of this chapter shall be met.

(b)

Landscaping may be required within any established or required front setback area. The plans and implementation of those plans must take into consideration traffic hazards. Landscaping may be permitted up to a height of three feet, and to within 50 feet from the corner of any intersecting streets.

(c)

Sufficient area shall be provided to adequately screen permitted uses from adjacent business and residential districts, and for off-street parking of vehicles incidental to the industry, its employees and customers.

(d)

Automobile graveyards and junk yards in existence at the time of the adoption of the ordinance from which this chapter is derived are to be considered as nonconforming uses. They shall be allowed up to three years after adoption of the ordinance from which this chapter is derived in which to completely screen, on any side open to view from a public road, the operation or use by a masonry wall, a uniformly painted solid board fence or an evergreen hedge six feet in height, or similar screening as approved by the zoning administrator.

(Code 1991, § 16-158; Ord. of 11-18-1988, § 7-2)

(a)

Buildings in an I-1 district may be erected to a height of 60 feet. When fire suppression equipment is in place and the area above the height restriction of 60 feet is not occupied by workmen, buildings may be erected to a height of 750 feet. For buildings above 75 feet, approval shall be obtained from the zoning administrator.

(b)

No height limit is imposed for chimneys, cooling or water towers, elevators, fire towers, stacks, tanks, necessary mechanical apparatus or other structures not intended for human occupancy.

(Code 1991, § 16-159; Ord. of 11-18-1988; Ord. No. 2001-03)

No area regulations apply to the I-1 district, except for permitted uses utilizing individual sewage disposal systems. The required areas for any such use shall be approved by the health official.

(Code 1991, § 16-160; Ord. of 11-18-1988, § 7-4)

Buildings or groups of buildings, with their accessory buildings, may cover up to 70 percent of the area of the lot in an I-1 district.

(Code 1991, § 16-161; Ord. of 11-18-1988, § 7-5)

Buildings in an I-1 district shall be located 50 feet or more from any street right-of-way which is 50 feet or greater in width, or 75 feet or more from the centerline of any street right-of-way less than 50 feet in width.

(Code 1991, § 16-162; Ord. of 11-18-1988, § 7-6)

(a)

For any adult entertainment establishments, the minimum side yard adjoining or adjacent to a residential or agricultural district shall be 5,280 feet.

(b)

For all other permitted uses in an I-1 district, the minimum side yard adjoining or adjacent to a residential or agricultural district shall be 100 feet. The side yard or corner lots shall be 50 feet or more.

(Code 1991, § 16-163; Ord. of 11-18-1988, § 7-7; Res. of 1-21-1993)

Off-street parking in an I-1 district shall be as required by section 34-195.

(Code 1991, § 16-164; Ord. of 11-18-1988; Ord. of 11-15-2007(2))

This division applies to the I-2 General Industrial District. The primary purpose of the I-2 district is to establish an area where the principal use of land is for heavy commercial and industrial operations, which may create some nuisance and which are not properly associated with, nor particularly compatible with, residential, institutional and neighborhood commercial service establishments. These operations are therefore buffered by sufficient area to minimize any adverse effects. The specific intent of this district is to:

(1)

Encourage the development of and the continued use of land for heavy commercial and industrial purposes;

(2)

Prohibit residential and neighborhood commercial use of the land and to prohibit any other use which would substantially interfere with the development, continuation or expansion of commercial and industrial uses in the district; and

(3)

Encourage the discontinuation of existing uses that would not be permitted as new uses under the provisions of this chapter.

(Code 1991, § 16-165; Ord. of 11-18-1988; Ord. No. 2001-02)

In I-2 districts, any structure to be erected or land to be used shall be for one or more of the following uses:

(1)

All uses permitted in the I-1 district.

(2)

Truck terminals and airports, with a conditional use permit.

(3)

Sand and gravel operations, with a conditional use permit.

(4)

Crushed stone operations, with a conditional use permit.

(5)

Wood preserving operations.

(6)

Abattoirs (slaughterhouses), with a conditional use permit.

(7)

Acid manufacture.

(8)

Cement, lime and gypsum manufacture.

(9)

Fertilizer manufacture.

(10)

Petroleum refining, including byproducts, with a conditional use permit.

(11)

Petroleum storage, with a conditional use permit.

(12)

Asphalt mixing plant.

(13)

Pipe and pump manufacture.

(14)

Brick manufacture.

(15)

Boiler shops.

(16)

Meat, poultry and fish processing and packing operations.

(17)

Egg production and processing plant, with a conditional use permit.

(18)

Salvage and junk storage yard (screened), with a conditional use permit.

(19)

Permanent sawmills mills.

(20)

Electric generation plants and their associated accessory uses (which are incidental and subordinate to the production of electrical power), with a conditional use permit and in accordance with the following provisions: Associated accessory uses may include, but are not limited to, solid waste disposal facilities for byproducts such as coal ash (byproducts allowed for disposal shall be limited to only those produced by the facility for which the conditional use permit use is granted), railroads and rail spur tracks, underground pipelines or conduits for electrical, gas, sewer and water service, substations, transmission lines, poles, wires, transformers and meters.

(21)

Gas production plants, natural or manufactured gas storage and distribution points and other gas utilities, with a conditional use permit.

(22)

Local industrial solid waste disposal facility, limited to use by a single business or industry located within the county, with a conditional use permit.

(23)

Business sign.

(24)

Manufactured or mobile home manufacturing.

(25)

Malt liquors manufacturing or packaging plant.

(26)

Iron and steel foundries.

(27)

General advertising signs.

(28)

Location signs.

(29)

Communication towers and associated facilities in accordance with the provision of article IV of this chapter, with a conditional use permit.

(30)

Off-street parking as required by this article.

(Code 1991, § 16-166; Ord. of 11-18-1988; Ord. No. 2001-02)

(a)

Before a building permit shall be issued or construction commenced on any permitted use in the I-2 district, or a permit issued for a new use, all requirements of article II, division 3 of this chapter shall be met.

(b)

Before a building permit shall be issued or construction commenced on any permitted use in the I-2 district, or a permit issued for a new use, an operation plan, in sufficient detail to show the operations and processes, shall be submitted to the zoning administrator for review. The zoning administrator's review of such plan shall be for compliance with the requirements of this division and the terms and conditions of any conditional use permit. The plan of operation shall state all noise levels (in decibels) at the property boundaries, wastewater volumes and quantities of daily emissions to the air to be generated by the proposed industrial use. The plan shall also detail how these environmental impacts will be minimized and outline what specific procedures will be utilized or equipment installed to offset the potential negative effects of the industrial operation of the surrounding community.

(c)

Before a building permit shall be issued or construction commenced on any permitted use in the I-2 district, all necessary federal and/or state permits, required for the commencement of construction, shall be obtained by the industry from the appropriate regulatory agencies and copies submitted to the zoning administrator.

(d)

Landscaping may be required within any established or required front setback area. The plans and implementation of those plans must take into consideration traffic hazards. Landscaping may be permitted for a height of three feet, and to within 50 feet from the corner of any intersecting streets.

(e)

Sufficient area shall be provided to adequately screen permitted uses from adjacent business and residential districts, and for off-street parking of vehicles incidental the industry, its employees and customers.

(f)

Automobile graveyards and junkyards in existence at the time of the adoption of the ordinance from which this chapter is derived are to be considered nonconforming uses. They shall be allowed up to three years after adoption of the ordinance from which this chapter is derived in which to completely screen, on any side open to view from a public road, the operation or use by a masonry wall, a uniformly painted solid board fence or an evergreen hedge six feet in height, or similar screening as approved by the zoning administrator.

(Code 1991, § 16-167; Ord. of 11-18-1988; Ord. No. 2001-02)

(a)

Buildings in an I-2 district may be erected up to a height of 75 feet. When fire suppression equipment is in place and are above the restricted height of 75 feet is not occupied by workmen, buildings may be erected up to a height of 100 feet. For buildings over 100 feet, approval shall be obtained from the zoning administrator.

(b)

No height limitation is imposed for chimneys, cooling or water towers, elevators, fire towers, stacks, tanks, necessary mechanical apparatus or other structures not intended for human occupancy.

(Code 1991, § 16-168; Ord. of 11-18-1988; Ord. No. 2001-02)

(a)

For local industrial solid waste disposal facilities, the minimum area requirements shall be 200 acres.

(b)

For all other permitted uses in the I-2 districts, the minimum area for permitted uses in the I-2 districts shall be 50 acres. For permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the health official.

(Code 1991, § 16-169; Ord. of 11-18-1988; Ord. No. 2001-02)

Buildings or groups of buildings, with their accessory buildings, may cover up to 70 percent of the area of the lot in an I-2 district.

(Code 1991, § 16-170; Ord. of 11-18-1988; Ord. No. 2001-02)

Buildings in an I-2 district shall be located 100 feet or more from any street right-of-way which is 50 feet or greater in width, or 150 feet or more from the centerline of any street right-of-way less than 50 feet in width.

(Code 1991, § 16-171; Ord. of 11-18-1988; Ord. No. 2001-02)

(a)

Any adult entertainment establishment shall be located at least one mile or 5,280 feet, from any residence, school, business, public facility or church.

(b)

Any local industrial solid waste disposal facility shall be located at least one-half mile or 2,640 feet, from any residence, school, business or church and at least 500 feet from any property line.

(c)

For all other permitted uses in the I-2 district, the minimum side and rear yards adjoining or adjacent to a residential, commercial or agricultural district shall be 200 feet. The side yard for corner lots shall be 250 feet or more.

(Code 1991, § 16-172; Ord. of 11-18-1988; Ord. No. 2001-02)

Off-street parking in an I-2 district shall be as required by section 34-195.

(Code 1991, § 16-173; Ord. of 11-18-1988; Ord. No. 2001-02)